Shirhashirim v. Gibson, 5:19-cv-11-DPM-JJV. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190703a36
Visitors: 29
Filed: Jul. 02, 2019
Latest Update: Jul. 02, 2019
Summary: ORDER D.P. MARSHALL, JR. , District Judge . 1. On de novo review, the Court partly adopts and partly declines without prejudice the recommendation, No. 26. FED. R. CIV. P.72(b) (1983 addition to advisory committee notes). The Court adopts the recommendation as to any due process claim against Defendant Gibson. As to the claim against Defendant Washington, though, the Court would appreciate further development. In a belated response to the motion for summary judgment, Shirhashirim argues
Summary: ORDER D.P. MARSHALL, JR. , District Judge . 1. On de novo review, the Court partly adopts and partly declines without prejudice the recommendation, No. 26. FED. R. CIV. P.72(b) (1983 addition to advisory committee notes). The Court adopts the recommendation as to any due process claim against Defendant Gibson. As to the claim against Defendant Washington, though, the Court would appreciate further development. In a belated response to the motion for summary judgment, Shirhashirim argues t..
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ORDER
D.P. MARSHALL, JR., District Judge.
1. On de novo review, the Court partly adopts and partly declines without prejudice the recommendation, No. 26. FED. R. CIV. P.72(b) (1983 addition to advisory committee notes). The Court adopts the recommendation as to any due process claim against Defendant Gibson. As to the claim against Defendant Washington, though, the Court would appreciate further development. In a belated response to the motion for summary judgment, Shirhashirim argues that he submitted a timely appeal on grievance VSM18-2682 but that the ADC truck mail did not deliver it promptly. No. 27; cf. Lewis v. Carswell, No. 69 & No. 84 in E.D. Ark. No. 5:15-cv-254-DPM. In light of this new wrinkle, the Court returns that piece of the case to the Magistrate Judge for further proceedings and a new recommendation in due course.
2. Motion for status update, No. 28, denied as moot.
So Ordered.
Source: Leagle
